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90_SB1205
SEE INDEX
Amends the Charter Schools Law in the School Code.
Eliminates a provision that limits the number of resident
pupils from the same grade in a school district with only one
attendance center covering that grade that may be enrolled in
a charter school at one time. Adds definitions. Eliminates
limitations on the number of charter schools that may operate
at any one time. Creates the Illinois Chartering Board with
the authority, beginning March 1, 1998, to act upon proposals
to establish or renew charter schools. Also provides that if
a chartering agency (a local school board or the Illinois
Chartering Board) denies a charter school proposal or revokes
or denies renewal of an existing charter, the entities that
initiate the charter school proposal or the governing body of
the charter school may file a petition, signed by 5% or more
of the registered voters of the school district in which the
charter school is or is to be located, requiring submission
to a referendum of a proposition to approve the charter
school proposal or to rescind the revocation of or to renew
the charter of the charter school. Provides that if a
majority of those voting on the proposition vote in favor
thereof, the proposition shall be deemed to have obtained
local approval and, subject to the requisite certification by
the State Board of Education that the charter school proposal
or charter as sought to be renewed complies with applicable
law, the charter school shall be established or the charter
renewed for the length of the term provided in the charter,
beginning with the first day of the next school year. Makes
other related changes. Effective immediately.
LRB9007279THpkA
LRB9007279THpkA
1 AN ACT to amend the School Code by changing Sections
2 27A-2, 27A-3, 27A-4, 27A-6, 27A-7, 27A-8, 27A-9, 27A-10, and
3 27A-11 and adding Section 27A-3.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The School Code is amended by changing
7 Sections 27A-2, 27A-3, 27A-4, 27A-6, 27A-7, 27A-8, 27A-9,
8 27A-10, and 27A-11 and adding Section 27A-3.5 as follows:
9 (105 ILCS 5/27A-2)
10 Sec. 27A-2. Legislative declaration.
11 (a) The General Assembly finds and declares as follows:
12 (1) Encouraging educational excellence is in the
13 best interests of the people of this State.
14 (2) There are educators, community members, and
15 parents in Illinois who can offer flexible and innovative
16 educational techniques and programs, but who lack an
17 avenue through which to provide them within the public
18 school system.
19 (3) The enactment of legislation authorizing
20 charter schools to operate in Illinois will promote new
21 options within the public school system and will provide
22 pupils, educators, community members, and parents with
23 the stimulus to strive for educational excellence.
24 (b) The General Assembly further finds and declares that
25 this Article is enacted for the following purposes, which in
26 aggregate all Illinois charter schools will fulfill:
27 (1) To improve pupil learning by creating schools
28 with high, rigorous standards for pupil performance.
29 (2) To increase learning opportunities for all
30 pupils, with special emphasis on expanded learning
31 experiences for at-risk pupils.
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1 (3) To encourage the use of innovative teaching
2 methods.
3 (4) To allow the development of innovative forms of
4 measuring pupil learning and achievement.
5 (5) To create new professional opportunities for
6 teachers, including the opportunity to be responsible for
7 the learning program at the school site.
8 (6) To provide parents and pupils with expanded
9 choices within the public school system.
10 (7) To encourage parental and community involvement
11 with public schools.
12 (8) To hold charter schools accountable for meeting
13 rigorous school content standards and to provide those
14 schools with the opportunity to improve accountability.
15 (c) In authorizing charter schools, it is the intent of
16 the General Assembly to create a legitimate avenue for
17 parents, teachers, and community members to take responsible
18 risks and create new, innovative, and more flexible ways of
19 educating children within the public school system. The
20 General Assembly seeks to create opportunities within the
21 public school system of Illinois for development of
22 innovative and accountable teaching techniques. The
23 provisions of this Article should be interpreted liberally to
24 support the findings and goals of this Section and to advance
25 a renewed commitment by the State of Illinois to the mission,
26 goals, and diversity of public education.
27 (Source: P.A. 89-450, eff. 4-10-96.)
28 (105 ILCS 5/27A-3)
29 Sec. 27A-3. Definitions. For purposes of this Article:
30 "At-risk pupil" means a pupil who, because of physical,
31 emotional, socioeconomic, or cultural factors, is less likely
32 to succeed in a conventional educational environment.
33 "Innovative" means characterized by change in anything
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1 already established or by the introduction of something new
2 or different.
3 "Local school board" means the duly elected or appointed
4 school board or board of education of a public school
5 district, including special charter districts and school
6 districts located in cities having a population of more than
7 500,000, organized under the laws of this State.
8 "Chartering agency" means either a local school board or
9 the Illinois Chartering Board created under Section 27A-3.5.
10 "State Board" means the State Board of Education.
11 (Source: P.A. 89-450, eff. 4-10-96.)
12 (105 ILCS 5/27A-3.5 new)
13 Sec. 27A-3.5. Illinois Chartering Board. The Illinois
14 Chartering Board consisting of 7 members appointed by the
15 Governor, by and with the advice and consent of the Senate,
16 is hereby created, and its members shall take office on March
17 1, 1998. Of the members first appointed, 2 shall be
18 appointed to serve for terms expiring on the last day of
19 February, 2000, 2 shall be appointed to serve for terms
20 expiring on the last day of February 2001, and 3 shall be
21 appointed to serve for terms expiring on the last day of
22 February 2002. Their successors shall each be appointed to
23 serve for a term of 4 years. A member shall serve until a
24 successor is appointed and confirmed, and any vacancy shall
25 be filled for the balance of the unexpired term and in the
26 same manner as the original appointment. If a vacancy in
27 membership occurs at a time when the Senate is not in
28 session, the Governor shall make a temporary appointment
29 until the next meeting of the Senate, when he or she shall
30 appoint, by and with the advice and consent of the Senate, a
31 person to fill that membership for the unexpired term.
32 The Illinois Chartering Board and its operations shall be
33 funded from appropriations made to the State Board of
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1 Education for that purpose, but shall be an autonomous entity
2 that operates independently and separate and apart from the
3 State Board.
4 The Illinois Chartering Board shall function as a
5 chartering agency under this Article with the authority and
6 responsibility to accept and act upon proposals to establish
7 and renew the charters of charter schools in accordance with
8 the provisions of this Article.
9 (105 ILCS 5/27A-4)
10 Sec. 27A-4. General Provisions.
11 (a) The General Assembly does not intend to alter or
12 amend the provisions of any court-ordered desegregation plan
13 in effect for any school district. A charter school shall be
14 subject to all federal and State laws and constitutional
15 provisions prohibiting discrimination on the basis of
16 disability, race, creed, color, gender, national origin,
17 religion, ancestry, marital status, or need for special
18 education services.
19 (b) The total number of charter schools that may operate
20 operating under this Article at any one time shall not be
21 limited exceed 45. Not more that 15 charter schools shall
22 operate at any one time in any city having a population
23 exceeding 500,000; not more than 15 charter schools shall
24 operate at any one time in the counties of DuPage, Kane,
25 Lake, McHenry, Will, and that portion of Cook County that is
26 located outside a city having a population exceeding 500,000;
27 and not more than 15 charter schools shall operate at any one
28 time in the remainder of the State.
29 For purposes of implementing this Section, The State
30 Board shall assign a number to each charter submission it
31 receives under Section 27A-6 for its review and
32 certification, based on the chronological order in which the
33 submission is received by it. The State Board shall promptly
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1 notify local school boards when the maximum numbers of
2 certified charter schools authorized to operate have been
3 reached.
4 (c) No charter shall be granted under this Article that
5 would convert any existing private, parochial, or non-public
6 school to a charter school.
7 (d) Enrollment in a charter school shall be open to any
8 pupil who resides within the geographic boundaries of the
9 area served by the chartering authority local school board.
10 However, no more than 50% of the number of resident pupils
11 enrolled in any one grade in a school district with only a
12 single attendance center covering that grade may be enrolled
13 in a charter school at one time.
14 (e) Nothing in this Article shall prevent 2 or more
15 local school boards from jointly issuing a charter to a
16 single shared charter school, provided that all of the
17 provisions of this Article are met as to those local school
18 boards.
19 (f) No local school board shall require any employee of
20 the school district to be employed in a charter school.
21 (g) No local school board shall require any pupil
22 residing within the geographic boundary of its district to
23 enroll in a charter school.
24 (h) If there are more eligible applicants for enrollment
25 in a charter school than there are spaces available,
26 successful applicants shall be selected by lottery. However,
27 5% of the maximum stated enrollment of a charter school shall
28 be reserved for one child, grandchild, foster child,
29 stepchild, or ward of each charter school founder or other
30 individual who has substantially contributed to establishment
31 of the charter school. Priority shall be given to siblings of
32 pupils enrolled in the charter school and to pupils who were
33 enrolled in the charter school the previous school year,
34 unless expelled for cause. Dual enrollment at both a charter
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1 school and a public school or non-public school shall not be
2 allowed. A pupil who is suspended or expelled from a charter
3 school shall be deemed to be suspended or expelled from the
4 public schools of the school district in which the pupil
5 resides.
6 (i) No charter school established under this Article may
7 be authorized to open prior to the school year beginning in
8 the fall of 1996.
9 (Source: P.A. 89-450, eff. 4-10-96.)
10 (105 ILCS 5/27A-6)
11 Sec. 27A-6. Contract contents; applicability of laws and
12 regulations.
13 (a) A certified charter shall constitute a binding
14 contract and agreement between the charter school and the
15 chartering agency a local school board under the terms of
16 which the the chartering agency local school board authorizes
17 the governing body of the charter school to operate the
18 charter school on the terms specified in the contract.
19 (b) Notwithstanding any other provision of this Article,
20 the certified charter may not waive or release the charter
21 school from the State goals, standards, and assessments
22 established pursuant to Section 2-3.64.
23 (c) Subject to the provisions of subsection (e), a
24 material revision to a previously certified contract or a
25 renewal shall be made with the approval of both the
26 chartering agency local school board and the governing body
27 of the charter school. However, a chartering agency's
28 approval of a material revision is not required if the
29 revision is sought with respect to a contract that is
30 certified after the voters of the school district in which
31 the charter school is located, at a referendum held as
32 provided in subsection (f) of Section 27A-9, have approved
33 the charter school proposal that was submitted under
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1 subsection (e) of this Section 27A-6 as the proposed
2 contract that became the certified contract sought to be
3 materially revised, or if the revision is sought with respect
4 to a renewal of any such previously certified contract.
5 (d) The proposed contract between the governing body of
6 a proposed charter school and the chartering agency local
7 school board as described in Section 27A-7 must be submitted
8 to and certified by the State Board before it can take
9 effect. If the State Board recommends that the proposed
10 contract be modified for consistency with this Article before
11 it can be certified, the modifications must be consented to
12 by both the governing body of the charter school and the
13 chartering agency local school board, and resubmitted to the
14 State Board for its certification. However, if a charter
15 school proposal has been approved by the voters of the school
16 district in which the proposed charter school is to be
17 located at a referendum held as provided in subsection (f) of
18 Section 27A-9, the proposed contract, developed in a form
19 consistent with the charter school proposal that was approved
20 by the voters of that school district at that referendum, may
21 be submitted by the individuals, organizations, or other
22 entities that initiated the charter school proposal to the
23 State Board for the necessary certification, and in such
24 cases any necessary modifications to the proposed contract
25 need not be consented to by the chartering agency. If the
26 proposed contract is resubmitted in a form that is not
27 consistent with this Article, the State Board may refuse to
28 certify the charter. If a proposed contract as submitted or
29 resubmitted to the State Board is consistent and complies
30 with the provisions of this Article, the State Board shall so
31 certify.
32 The State Board shall assign a number to each submission
33 or resubmission in chronological order of receipt, and shall
34 determine whether the proposed contract is consistent with
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1 the provisions of this Article. If the proposed contract
2 complies, the State Board shall so certify.
3 (e) No material revision to a previously certified
4 contract or a renewal (including a material revision that,
5 under the provisions of subsection (c) of this Section, does
6 not require the approval of a chartering agency) shall be
7 effective unless and until the State Board certifies that the
8 revision or renewal is consistent with the provisions of this
9 Article.
10 (Source: P.A. 89-450, eff. 4-10-96.)
11 (105 ILCS 5/27A-7)
12 Sec. 27A-7. Charter submission.
13 (a) A proposal to establish a charter school shall be
14 submitted to the State Board and the chartering agency local
15 school board in the form of a proposed contract entered into
16 between the chartering agency local school board and the
17 governing body of a proposed charter school. The charter
18 school proposal as submitted to the State Board shall
19 include:
20 (1) The name of the proposed charter school, which
21 must include the words "Charter School".
22 (2) The age or grade range, areas of focus, minimum
23 and maximum numbers of pupils to be enrolled in the
24 charter school, and any other admission criteria that
25 would be legal if used by a school district.
26 (3) A description of and address for 3 potential
27 the physical plants plant in which the charter school
28 could will be located.
29 (4) The mission statement of the charter school,
30 which must be consistent with the General Assembly's
31 declared purposes.
32 (5) The goals, objectives, and pupil performance
33 standards to be achieved by the charter school.
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1 (6) In the case of a proposal to establish a
2 charter school by converting an existing public school or
3 attendance center to charter school status, evidence that
4 the proposed formation of the charter school has received
5 the required approval from certified teachers, from
6 parents and guardians, and, if applicable, from a local
7 school council as provided in subsection (b) of Section
8 27A-8.
9 (7) A description of the charter school's
10 educational program, pupil performance standards,
11 curriculum, school year, school days, and hours of
12 operation.
13 (8) A description of the charter school's plan for
14 evaluating pupil performance, the types of assessments
15 that will be used to measure pupil progress towards
16 achievement of the school's pupil performance standards,
17 the timeline for achievement of those standards, and the
18 procedures for taking corrective action in the event that
19 pupil performance at the charter school falls below those
20 standards.
21 (9) Evidence that the terms of the charter as
22 proposed are economically sound for both the charter
23 school and the school district, a proposed budget for the
24 initial year term of the charter, a description of the
25 manner in which an annual audit of the financial and
26 administrative operations of the charter school,
27 including any services provided by the school district,
28 are to be conducted, and a plan for the displacement of
29 pupils, teachers, and other employees who will not attend
30 or be employed in the charter school.
31 (10) A description of the governance and operation
32 of the charter school, including the nature and extent of
33 parental, professional educator, and community
34 involvement in the governance and operation of the
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1 charter school.
2 (11) An explanation of the relationship that will
3 exist between the charter school and its employees,
4 including evidence that the terms and conditions of
5 employment have been addressed with affected employees
6 and their recognized representative, if any. However, a
7 bargaining unit of charter school employees shall be
8 separate and distinct from any bargaining units formed
9 from employees of a school district in which the charter
10 school is located.
11 (12) An agreement between the parties regarding
12 their respective legal liability and applicable insurance
13 coverage.
14 (13) A description of how the charter school plans
15 to meet the transportation needs of its pupils, and a
16 plan for addressing the transportation needs of
17 low-income and at-risk pupils.
18 (14) The proposed effective date and term of the
19 charter; provided that the first day of the first
20 academic year and the first day of the fiscal year of the
21 charter school shall coincide with the first day of the
22 academic year and the first day of the fiscal year of the
23 local school district.
24 (15) Any other information reasonably required by
25 the State Board of Education.
26 (b) A proposal to establish a charter school may be
27 initiated by individuals or organizations that will have
28 majority representation on the board of directors or other
29 governing body of the corporation or other discrete legal
30 entity that is to be established to operate the proposed
31 charter school, or by the board of directors or other
32 governing body of a discrete legal entity already existing or
33 established to operate the proposed charter school. The
34 individuals or organizations referred to in this subsection
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1 may be school teachers, school administrators, local school
2 councils, colleges or universities or their faculty members,
3 public community colleges or their instructors or other
4 representatives, corporations, foundations, parents, or other
5 entities or their representatives. The proposal shall be
6 submitted to the chartering agency local school board for
7 consideration. If the proposal to establish a charter school
8 is approved by the chartering agency or by the voters of the
9 school district in which the proposed charter school is to be
10 located at a referendum held as provided in subsection (f) of
11 Section 27A-9, and, if appropriate, for development of a
12 proposed contract shall be developed and to be submitted to
13 the State Board for certification as provided in under
14 Section 27A-6.
15 (c) The chartering agency local school board may not
16 without the consent of the governing body of the charter
17 school condition its approval of a charter school proposal on
18 acceptance of an agreement to operate under State laws and
19 regulations and local school board policies from which the
20 charter school is otherwise exempted under this Article.
21 (Source: P.A. 89-450, eff. 4-10-96.)
22 (105 ILCS 5/27A-8)
23 Sec. 27A-8. Evaluation of charter proposals.
24 (a) In evaluating any charter school proposal submitted
25 to it, the chartering agency local school board shall give
26 preference to proposals that demonstrate one or more of the
27 following:
28 (1) demonstrate a high level of local pupil,
29 parental, community, business, and school personnel
30 support;
31 (2) set rigorous levels of expected pupil
32 achievement and demonstrate feasible plans for attaining
33 those levels of achievement; and
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1 (3) ability are designed to enroll and serve a
2 substantial proportion of at-risk children.
3 (b) In the case of a proposal to establish a charter
4 school by converting an existing public school or attendance
5 center to charter school status, evidence that the proposed
6 formation of the charter school has received majority support
7 from certified teachers and from parents and guardians in the
8 school or attendance center affected by the proposed charter,
9 and, if applicable, from a local school council, shall be
10 demonstrated by a petition in support of the charter school
11 signed by certified teachers and a petition in support of the
12 charter school signed by parents and guardians and, if
13 applicable, by a vote of the local school council held at a
14 public meeting.
15 (b-5) In the case of all other proposals to establish a
16 charter school, evidence of sufficient support to fill the
17 number of pupil seats set forth in the proposal shall be
18 demonstrated by a petition in support of the charter school
19 signed by parents and guardians of students eligible to
20 attend the charter school. On the same date that the proposal
21 is submitted to the chartering agency, the petition referred
22 to in this subsection (b-5) shall be submitted by certified
23 mail, return receipt requested to the State Board, which
24 shall maintain the confidentiality of all personal
25 information contained in the petition.
26 (c) Within 45 days of receipt of a charter school
27 proposal, the chartering agency local school board shall
28 convene a public meeting to obtain information to assist the
29 board in its decision to grant or deny the charter school
30 proposal.
31 (d) Notice of the public meeting required by this
32 Section shall be published in a community newspaper published
33 in the geographic area school district in which the proposed
34 charter is located and, if there is no such newspaper, then
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1 in a newspaper published in the county and having circulation
2 in the school district. The notices shall be published not
3 more than 10 days nor less than 5 days before the meeting and
4 shall state that information regarding a charter school
5 proposal will be heard at the meeting. Copies of the notice
6 shall also be posted at appropriate locations in the school
7 or attendance center proposed to be established as a charter
8 school, the public schools in the school district, and the
9 local school board office.
10 (e) Within 30 days of the public meeting, the chartering
11 agency local school board shall vote, in a public meeting, to
12 either grant or deny the charter school proposal.
13 (f) Within 7 days of the public meeting required under
14 subsection (e), the chartering agency local school board
15 shall report to the State Board whether a charter school
16 proposal has been granted or denied. If the decision of the
17 chartering agency is to grant the charter school proposal,
18 the State Board, within 14 days of receipt of the chartering
19 agency's local school board's report that the proposal has
20 been granted, the State Board shall determine whether the
21 approved charter proposal as approved by the chartering
22 agency is consistent with the provisions of this Article and,
23 if the approved proposal as so approved complies, shall
24 certify the proposal pursuant to Section 27A-6.
25 (Source: P.A. 89-450, eff. 4-10-96.)
26 (105 ILCS 5/27A-9)
27 Sec. 27A-9. Term of charter; renewal.
28 (a) A charter may be granted for a period not less than
29 3 and not more than 5 school years. A charter may be renewed
30 in incremental periods not to exceed 5 school years.
31 (b) A charter school renewal proposal submitted to the
32 chartering agency local school board shall contain:
33 (1) A report on the progress of the charter school
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1 in achieving the goals, objectives, pupil performance
2 standards, content standards, and other terms of the
3 initial approved charter proposal; and
4 (2) A financial statement that discloses the costs
5 of administration, instruction, and other spending
6 categories for the charter school that is understandable
7 to the general public and that will allow comparison of
8 those costs to other schools or other comparable
9 organizations, in a format required by the State Board.
10 (c) A charter may be revoked or not renewed if the
11 chartering agency local school board determines that the
12 charter school did any of the following, or for other good
13 cause shown:
14 (1) Committed a material violation of any of the
15 conditions, standards, or procedures set forth in the
16 charter.
17 (2) Failed to meet or make reasonable progress
18 toward achievement of the content standards or pupil
19 performance standards identified in the charter.
20 (3) Failed to meet generally accepted standards of
21 fiscal management.
22 (4) Violated any provision of law from which the
23 charter school was not exempted.
24 (d) In addition, a charter may not be renewed if the
25 chartering agency local school board determines that it is
26 not in the interest of the pupils residing within the school
27 district or service area to continue the operation of the
28 charter school.
29 (e) Notice of a chartering agency's local school board's
30 decision to deny, revoke or not to renew a charter shall be
31 provided to and may be appealed to the State Board. The
32 State Board may reverse the chartering agency's decision to
33 deny, revoke, or not renew a charter, or may reverse any such
34 decision of the chartering agency, subject to any necessary
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1 modifications recommended by the State Board to the proposed
2 contract or charter being made as provided in Section 27A-6.
3 Final decisions of the State Board shall be subject to
4 judicial review under the Administrative Review Law. Except
5 as otherwise provided in subsection (f), the State Board may
6 sponsor and act as the chartering agency of a charter school
7 only in those cases in which the State Board reverses a
8 decision of a local school board or the Illinois Chartering
9 Board to deny, revoke, or not renew a charter.
10 (f) In lieu of appealing to the State Board the decision
11 of a chartering agency to deny a charter school proposal or
12 to revoke or deny renewal of the charter of a charter school,
13 the individuals, organizations, or other entities that
14 initiated the charter school proposal that has been denied by
15 the chartering agency, or the governing body of the charter
16 school whose charter has been revoked or denied renewal by
17 the chartering agency, may file with the secretary of the
18 local school board in which the charter school is or is to be
19 located, within 60 days after the date on which the
20 chartering agency provides the notice of its decision to the
21 State Board as required by subsection (e), a petition signed
22 by 5% or more of the registered voters of the school district
23 in which the charter school or proposed charter school is or
24 is to be located requesting submission to a referendum of the
25 voters in that school district of a proposition to approve
26 the charter school proposal or to rescind the revocation of
27 or to renew the charter of the charter school, as the case
28 may be. The petition as filed with the secretary of the
29 local school board shall have appended to it a copy of the
30 charter school proposal or charter that has been denied,
31 revoked, or denied renewal by the chartering agency. Upon the
32 filing of the petition and the required copy of the charter
33 school proposal or charter with the secretary of the local
34 school board in accordance with the provisions of this
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1 subsection (f), the secretary of the local school board shall
2 certify the question presented in the petition to the proper
3 election authority, which shall submit the question at the
4 next regular scheduled election in accordance with the
5 general election law. The local school board shall keep the
6 charter school proposal or charter that was appended to the
7 petition on file and available for public inspection from the
8 date on which the petition is filed until the close of the
9 election at which the question is voted upon. The question
10 shall be submitted substantially in whichever of the
11 following forms is appropriate:
12 (1) Shall the proposal to establish ...... Charter
13 School within ...... School District No. ...... be
14 approved?
15 (2) Shall the decision of (name of chartering
16 agency) to revoke the charter of ...... Charter School be
17 rescinded?
18 (3) Shall the charter of ...... Charter School
19 located in ...... School District No. ...... be renewed?
20 The votes shall be recorded as "Yes" or "No".
21 If a majority of the electors voting on the question in
22 the school district in which the charter school or proposed
23 charter school is or is to be located vote in the affirmative
24 on the question of establishing or renewing the charter of
25 the charter school, the charter school proposal or the
26 renewal of the charter of the charter school, as the case may
27 be, shall be deemed to have been locally approved, and the
28 proposed contract as developed or the renewal, as the case
29 may be, shall be submitted to the State Board for
30 certification under Section 27A-6. If the proposed contract
31 or renewal is consistent and complies with the provisions of
32 this Article: (i) the State Board shall so certify; (ii) the
33 effective date of the charter or renewal shall coincide with
34 the first day of the next school year of the school district
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1 in which the charter school is located; (iii) the term for
2 which the charter or renewal has been certified shall begin
3 on that effective date; (iv) notwithstanding any other
4 provisions of this Article, the certified charter or renewal
5 shall be deemed to constitute a binding contract and
6 agreement between the charter school and the State Board
7 acting as the authorized agent of the local school board; and
8 (v) the State Board shall report the aggregate number of
9 charter school pupils resident in a school district to that
10 school district, shall notify the district of the amount of
11 funding to be paid by the State Board to the charter school
12 enrolling those pupils, shall withhold from funds otherwise
13 due to the district the amount authorized by this Article to
14 be paid to the charter school, and shall pay the amount
15 authorized to the charter school.
16 If a majority of the electors voting in the school
17 district in which the charter school is located on the
18 question of whether the decision of the chartering agency to
19 revoke the charter of the charter school should be rescinded
20 vote in the affirmative on that question, the decision of the
21 chartering agency revoking the charter shall be deemed
22 rescinded and of no further legal force or effect, and the
23 charter school shall continue to operate in accordance with
24 and for the term provided in the charter, except that the
25 term of the charter shall be deemed automatically extended
26 for one additional school year beyond the term of the charter
27 school as fixed under its charter.
28 (Source: P.A. 89-450, eff. 4-10-96.)
29 (105 ILCS 5/27A-10)
30 Sec. 27A-10. Employees.
31 (a) A person shall be deemed to be employed by a charter
32 school unless a collective bargaining agreement or the
33 charter school contract otherwise provides.
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1 (b) In all school districts, including special charter
2 districts and districts located in cities having a population
3 exceeding 500,000, the local school board shall determine by
4 policy or by negotiated agreement, if one exists, the
5 employment status of any school district employees who are
6 employed by a charter school and who seek to return to
7 employment in the public schools of the district. Each local
8 school board shall grant, for a period of up to 5 years, a
9 leave of absence to those of its professional certified
10 employees teachers who accept employment with a charter
11 school or the Illinois Chartering Board. At the end of the
12 authorized leave of absence, the professional certified
13 employee teacher must return to the school district or
14 resign; provided, however, that if the professional certified
15 employee teacher chooses to return to the school district, he
16 or she the teacher must be assigned to a position which
17 requires the professional certified employee's teacher's
18 certification and legal qualifications. The contractual
19 continued service status and retirement benefits of a
20 professional certified employee teacher of the district who
21 is granted a leave of absence to accept employment with a
22 charter school shall not be affected by that leave of
23 absence.
24 (c) Charter schools shall employ in instructional
25 positions, as defined in the charter, individuals who are
26 certificated under Article 21 of the School Code or who
27 possess the following qualifications:
28 (i) graduated with a bachelor's degree from an
29 accredited institution of higher learning;
30 (ii) been employed for a period of at least 5 years
31 in an area requiring application of the individual's
32 education;
33 (iii) passed the tests of basic skills and subject
34 matter knowledge required by Section 21-1a of the School
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1 Code; and
2 (iv) demonstrate continuing evidence of
3 professional growth which shall include, but not be
4 limited to, successful teaching experience, attendance at
5 professional meetings, membership in professional
6 organizations, additional credits earned at institutions
7 of higher learning, travel specifically for educational
8 purposes, and reading of professional books and
9 periodicals.
10 Charter schools employing individuals without
11 certification in instructional positions shall provide such
12 mentoring, training, and staff development for those
13 individuals as the charter schools determine necessary for
14 satisfactory performance in the classroom.
15 Notwithstanding any other provisions of the School Code,
16 charter schools may employ non-certificated staff in all
17 other positions.
18 (d) A teacher at a charter school may resign his or her
19 position only if the teacher gives notice of resignation to
20 the charter school's governing body at least 60 days before
21 the end of the school term, and the resignation must take
22 effect immediately upon the end of the school term.
23 (Source: P.A. 89-450, eff. 4-10-96.)
24 (105 ILCS 5/27A-11)
25 Sec. 27A-11. Financing.
26 (a) For purposes of the School Code, pupils enrolled in
27 a charter school shall be included in the pupil enrollment of
28 the school district within which the pupil resides. Each
29 charter school (i) shall determine the school district in
30 which each pupil who is enrolled in the charter school
31 resides and (ii) shall report the aggregate number of pupils
32 resident of a school district who are enrolled in the charter
33 school to the school district in which those pupils reside.
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1 (b) If the As part of a charter school contract is
2 between a charter school and a local school board: (i), the
3 charter school and the local school board shall agree on
4 funding and any services to be provided by the school
5 district to the charter school; (ii). all services centrally
6 or otherwise provided by the school district including, but
7 not limited to, food services, custodial services,
8 maintenance, curriculum, media services, libraries,
9 transportation, and warehousing shall be subject to
10 negotiation between a charter school and the local school
11 board and paid for out of the revenues negotiated pursuant to
12 this paragraph; and (iii) subsection (b). in no event shall
13 the funding be less than 95% or more than 105% of the school
14 district's per capita student tuition multiplied by the
15 number of students residing in the district who are enrolled
16 in the charter school.
17 In the event that the Illinois Chartering Board sponsors
18 the charter school, the funding shall be no less than 70% or
19 more than 100% of the school district's per capita student
20 tuition multiplied by the number of students residing in the
21 district who are enrolled in the charter school. The goal of
22 charter schools sponsored by the Illinois Chartering Board
23 shall be to equalize revenue received per student, if
24 possible.
25 It is the intent of the General Assembly that funding and
26 service agreements under this subsection (b) shall be neither
27 a financial incentive nor a financial disincentive to the
28 establishment of a charter school.
29 Fees collected from students enrolled at a charter school
30 shall be retained by the charter school.
31 (c) Notwithstanding subsection (b) of this Section, the
32 proportionate share of State and federal resources generated
33 by students with disabilities or staff serving them shall be
34 directed to charter schools enrolling those students by their
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1 school districts or administrative units. The proportionate
2 share of moneys generated under other federal or State
3 categorical aid programs shall be directed to charter schools
4 serving students eligible for that aid.
5 (d) The governing body of a charter school is authorized
6 to accept gifts, donations, or grants of any kind made to the
7 charter school and to expend or use gifts, donations, or
8 grants in accordance with the conditions prescribed by the
9 donor; however, a gift, donation, or grant may not be
10 accepted by the governing body if it is subject to any
11 condition contrary to applicable law or contrary to the terms
12 of the contract between the charter school and the local
13 school board. Charter schools shall be encouraged to solicit
14 and utilize community volunteer speakers and other
15 instructional resources when providing instruction on the
16 Holocaust and other historical events.
17 (e) No later than January 1, 1997, the State Board shall
18 issue a report to the General Assembly and the Governor
19 describing the charter schools certified under this Article,
20 their geographic locations, their areas of focus, and the
21 numbers of school children served by them.
22 (f) The Illinois Chartering Board State Board shall
23 provide technical assistance to persons and groups preparing
24 or revising charter applications.
25 (g) At the non-renewal or revocation of its charter,
26 each charter school shall refund to the local boards board of
27 education all unspent funds.
28 (h) A charter school is authorized to incur temporary,
29 short term debt to pay operating expenses in anticipation of
30 receipt of funds from the local school board.
31 (Source: P.A. 89-450, eff. 4-10-96.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 105 ILCS 5/27A-2
4 105 ILCS 5/27A-3
5 105 ILCS 5/27A-3.5 new
6 105 ILCS 5/27A-4
7 105 ILCS 5/27A-6
8 105 ILCS 5/27A-7
9 105 ILCS 5/27A-8
10 105 ILCS 5/27A-9
11 105 ILCS 5/27A-10
12 105 ILCS 5/27A-11